Item 6CCity of Southlake
Department of Planning & Development Services
S T A F F R E P O R T
November 14, 2007
ZA07-108
CASE NO:
Zoning Change and Concept Plan/Site Plan for Calloway’s Nursery
PROJECT:
REQUEST: Calloway’s Nursery, Inc. is requesting approval of a zoning change and concept
plan/site plan from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized Site
Plan District with “O-1” Office District Uses to include “retail nursery” as a permitted
use on proposed Lot 12R. The plan proposes a retail nursery of approximately 5,392
square feet and a general office building of approximately 12,000 square feet on two (2)
lots totaling approximately 6.14 acres. The applicant plans to construct the nursery
building on proposed Lot 12R at this time. The office building will require a revised
site plan to be approved by City Council after recommendation by the Planning &
Zoning Commission prior to construction.
The “S-P-2” regulations for development propose the following:
“O-1” Office District uses and development regulations to include “retail nursery”
as a permitted use on proposed Lot 12R;
The maximum impervious coverage shall not exceed seventy percent (70%) of the
total lot area for proposed Lot 12R;
The total required parking for proposed Lot 12R shall be 85 spaces;
The natural tree cover shall be permitted in lieu of the required 8-foot screening
device adjacent to single family residential property for proposed Lot 13R.
The following variance is requested:
Driveway Spacing: A minimum of 100 feet is required from the centerline of the
north drive to the street R.O.W. intersection for E. Southlake Boulevard. The
applicant is proposing a distance of 92 feet. (Driveway Ord. No. 634, Section 5.1)
The land use designation is ‘Office Commercial’. Although retail nursery uses are not
consistent with this designation, a site specific recommendation may be made to allow
limited low intensity retail uses on this site. The applicant has submitted a letter
(attached) outlining justifications for the proposed retail use at this site.
Case No.
ZA07-108
At the November 4, 2007 City Council meeting, the following information was
requested to be addressed at the second reading:
Item Comments
1.Accepting applicant’s agreement to review the burying of See comments below.
utilities along the FM1709 frontage by the second reading;
2.Accepting applicant’s agreement to look at and provide the New renderings and elevations have been submitted
screening shrubs underneath the trees along Parkwood Drive and are included in Attachment C of this report.
with a side elevation of both that landscaping as well as the
landscaping along FM 1709;
3.Accepting applicant’s agreement to provide options for the New renderings and elevations have been submitted
pergola posts; and are included in Attachment C of this report.
4.Requiring applicant to provide colored sketches of the A revised site plan showing a secondary exit from the
storage area showing the loading/unloading area and the storage yard was submitted. No new color exhibits
sidewalk; have been submitted.
5.Applicant to review the west area to determine if some red A revised Tree Conservation Plan has been submitted
cedars could be saved. and is included in Attachment C of this report.
Public Works’ response to the burying of utilities along the F.M. 1709 street frontage:
In reference to the Council’s request for costs to place utilities underground on F.M.
1709 from Parkwood to White Chapel for Calloway’s Nursery, we received the
responses below from Oncor (TXU) and Tri-County Electric (TCEC). These two total
$530,000 for the line work only. This does not include the cost of clearing the right of
way or the cost of easements for the underground work if TxDOT does not allow the
use of the right of way. There are also easements required for switch gear and
transformers. It also does not include consideration of issues surrounding the need to
traverse the cemetery grounds or adjacent area which may include pauper graves within
the right of way. The existence and exact location of these graves is unknown until the
necessary investigation is complete.
There may be additional hard costs from the phone companies and/or the TV cable
people. We were unable to get those costs in the short time available.
Also, Oncor has issued a statement describing the issues involved in burying cable for a
single lot. This could create a situation when the line bury may require more poles than
are currently in use. The statement is as follows: “We will bury for anybody who is
willing to pay us; however, burying for 1 lot would require a pole and down guy on
either side of the lot and possibly a pad mounted switchgear and transformer.”
Again this is preliminary information, but should be considered only a partial estimate
of the total costs when all utilities are included and detailed design has been completed.
Case No.
ZA07-108
1. Conduct public hearing
ACTION NEEDED:
2. Consider approval of second reading for zoning change and concept plan
ATTACHMENTS: (A) Background Information
(B) Vicinity Map
(C) Plans and Support Information
Site Plan Review Summary No. 3, dated November 14, 2007
(D)
(E) Surrounding Property Owners Map
(F) Surrounding Property Owners Responses
(G) SPIN Meeting Summary Report
(H) Ordinance No. 480-535
(I) Full Size Plans (for Commission and Council Members Only)
STAFF CONTACT: Ken Baker (748-8067)
Ben Bryner (748-8602)
Case No.
ZA07-108
BACKGROUND INFORMATION
OWNER: Calloway’s Nursery, Inc.
APPLICANT: Wise Asset No. 9, Ltd.
PROPERTY SITUATION: 100, 200, & 300 Parkwood Drive
LEGAL DESCRIPTION: Lots 12-14, O.W. Knight, No. 899 Addition
LAND USE CATEGORY: Office Commercial
CURRENT ZONING: “S-P-2” Generalized Site Plan District
REQUESTED ZONING: “S-P-2” Generalized Site Plan District
HISTORY: -February 3, 1998 – City Council approved ZA97-130 Rezoning and Concept
Plan for French Square Office Complex.
-October 6, 1998 – City Council approved ZA98-058, Site Plan for French
Square Office Complex.
-October 6, 1998 – City Council approved ZA98-083, Plat Showing of Lots 12,
13, and 14, O.W. Knight No. 899 Addition. This plat was never filed.
-January of 2000 – City Council decided not to extend Parkwood Drive from
Byron Nelson Parkway to East Southlake Boulevard (FM 1709).
-June 5, 2001 – City Council approved a 2-lot plat showing of Lot 12, 13, &
14, O.W. Knight No. 899 Addition. The plat was filed on July 18, 2003.
TRANSPORTATION
Master Thoroughfare Plan
ASSESSMENT:
The Master Thoroughfare Plan recommends Southlake Boulevard to have 130
feet of right-of-way. Adequate right-of-way exists for this road.
Existing Area Road Network and Conditions
The proposed site will have two (2) accesses directly onto Parkwood Drive
which provides direct access to E. Southlake Boulevard. Access will eventually
be available to Byron Nelson Parkway via a common access easement
connecting Parkwood Drive and Byron Nelson Parkway.
E. Southlake Boulevard is a seven lane, undivided thoroughfare with a
continuous, two-way, center left turn lane. Parkwood Drive is a local
commercial street with a cul-de-sac terminus adjacent to the southern lot of this
development.
Case No. Attachment A
ZA07-108 Page 1
May, 2006 traffic counts on E. Southlake Blvd (between Byron Nelson
& White Chapel)
24hr 21,51822,913
West Bound (WB) () East Bound (EB) ()
WB 1,1502,227
Peak A.M. () Peak P.M. () 5 – 6 p.m.
11:15 – 12:15 a.m.
EB 2,0941,609
Peak A.M. () Peak P.M. () 3 – 4 p.m.
6:45 – 7:45 a.m.
Traffic Impact
Use Acres/Sq.Ft. Vtpd* AM PEAK PM PEAK
Retail Nursery 3.212 ac 309 8 trips 24 trips
General Office 12,000 sq ft 132 19 trips 18 trips
*Vehicle Trips Per Day
**The AM/PM times represent the number of vehicle trips generated during the peak travel times
on E. Southlake Boulevard.
PATHWAYS MASTER
PLAN: The Southlake Pathways Master Plan shows an 8-foot multi-use trail existing
on the south side of E. Southlake Boulevard. The trail is shown on the site
plan. The plan shows 4-foot sidewalks being provided along the street frontage
for Parkwood Drive.
WATER & SEWER: An 8-inch water line currently exists along the east side of Parkwood Drive. An
8-inch sanitary sewer line exists along the west side of Parkwood Drive.
DRAINAGE ANALYSIS: Drainage from this site will flow to the proposed detention areas along the east
property line and ultimately to the existing storm sewer system in Parkwood
Drive.
TREE PRESERVATION: A Tree Preservation Analysis or Tree Conservation Plan shall be approved if it
will preserve existing tree canopy cover in accordance with the percentage
requirements established by Table 2.0 in Ordinance 585-C.
Table 2.0 – Existing Tree Cover Preservation Requirements
Percentage of existing tree Minimum percentage of the existing tree
cover on the entire site cover to be preserved*
0% – 20% 70%
20.1 – 40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in
public rights-of-way as approved by City Council.
The development is required to preserve sixty percent (60%) of the existing tree
canopy cover and ninety percent (90%) of the existing tree cover is proposed to
be preserved.
Case No. Attachment A
ZA07-108 Page 2
Consolidated Land Use Plan Recommendations
SOUTHLAKE 2025:
The land use designation is Office Commercial. Although retail nursery uses
are not consistent with this designation, a site specific recommendation may be
made to allow limited low intensity retail uses on this site.
Environmental Resource Protection Recommendations
The southern portion of the site is designated as tree cover/open space to be
preserved where appropriate on the Environmental Resource Protection Map.
The site plan shows that this area will remain a preservation/no disturbance
area.
Mobility & Master Thoroughfare Plan/Southlake Pathways Plan
Recommendations
Change the sidewalk along Parkwood Drive from 4 feet to 5 feet. Also, the
sidewalk placement near the existing Parkwood Drive cul-de-sac should be
designed to allow for future sidewalk extension along the City of Southlake
property.
P&Z ACTION: October 18, 2007; Approved (6-0) subject to Site Plan Review Summary No. 2,
dated October 12, 2007; approving requested variances; adding that the
applicant agrees to access from Southlake Blvd for construction traffic; storage
of bagged goods (not for sales display) will be in the southwest corner of the
nursery yard and will not exceed the screening wall height; bagged goods
displayed for sale will not exceed what is needed for daily sales.
Case No. Attachment A
ZA07-108 Page 3
COUNCIL ACTION: November 6, 2007; Approved first reading (6-0) subject to the representations
made by the applicant this evening; noting that the stone on the building and on
the columns on the fence will be similar to what is shown in the photo; subject
to the recommendations of the Planning and Zoning Commission; noting
applicant’s agreement that the area shown on the southern end of the property
will have no storage, no earthwork, no tree removal and will only be passive
uses; accepting applicant’s agreement to review the burying of utilities along the
FM1709 frontage by the second reading; accepting applicant’s agreement to
look at and provide the screening shrubs underneath the trees along Parkwood
Drive with a side elevation of both that landscaping as well as the landscaping
along FM1709; accepting applicant’s agreement to provide options for the
pergola posts; requiring applicant to provide colored sketches of the storage
area showing the loading/unloading area and the sidewalk; applicant has
indicated the front area will be for decorations and will not have sale items;
specifically granting the variance for driveway spacing; applicant to review the
west area to determine if some red cedars could be saved; and subject to Site
Plan Review Summary No. 2, dated October 12, 2007.
STAFF COMMENTS: Attached is Site Plan Review Summary No. 3, dated November 14, 2007.
N:\Community Development\MEMO\2007cases\07-108ZCP.doc
Case No. Attachment A
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Case No. Attachment B
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Narrative
Case No. Attachment C
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Case No. Attachment C
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Land Use Letter
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Case No. Attachment C
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"S-P-2" Letter
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Previously Submitted Site Plan
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Revised Site Plan
New entrance/exit & loading area
Case No. Attachment C
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Variance Exhibit
Driveway Spacing:
Req’d = 100 ft
Prov. = 92 ft
Case No. Attachment C
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Building Renderings
Case No. Attachment C
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New Site Rendering for Southlake Blvd Side (Submitted Nov. 12)
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New Site Rendering for Parkwood Drive Side (Submitted Nov. 12)
Case No. Attachment C
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Architectural Elevations
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Case No. Attachment C
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Previously Submitted Pergola Drawings
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Revised Pergola Drawings
Option #1
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Option #2
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Option #3
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Storage Wall Cross-Section
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Retaining Wall Rendering
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Previously Submitted Tree Conservation Plan
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Revised Tree Conservation Plan
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Originally Submitted Landscape Plan
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Revised Landscape Plan
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SITE PLAN REVIEW SUMMARY
ZA07-108Three11/14/07
Case No.: Review No.: Date of Review:
Site Plan
Project Name: - Calloway's Nursery
APPLICANT: Calloway's Nursery, Inc. OWNER: Wise Asset No. 9, Ltd.
John Cosby
4200 Airport Freeway 6851 NE Loop 820, Suite 110
Fort Worth, TX 76117 NRH, TX 76180
Phone: (817) 222-1122 Phone: (817) 577-1131
Fax: (817) 222-1040 Fax: (817) 503-8985
CITY STAFF HAS REVIEWED THE ABOVE REFERENCED PROJECT RECEIVED BY THE CITY ON 11/12/07 AND WE
OFFER THE FOLLOWING STIPULATIONS. THESE STIPULATIONS ARE HEREBY MADE CONDITIONS OF SITE PLAN
APPROVAL UNLESS SPECIFICALLY AMENDED BY THE CITY COUNCIL. IF YOU HAVE ANY QUESTIONS OR NEED
FURTHER CLARIFICATION, PLEASE CONTACT BEN BRYNER AT (817) 748-8602.
1.Provide the minimum driveway spacing from the centerline of the north drive to the street R.O.W.
(A variance is
intersection for E. Southlake Blvd. The minimum distance required is 100 ft.
requested.)
INFORMATIONAL COMMENTS
* A fully corrected plan that includes all associated support plans/documents and conditions of
approval is required before any ordinance or zoning verification letter publication or before
acceptance of any other associated plans for review. Plans and documents must be reviewed
and stamped “approved” by the Planning Department.
* All development must comply with the City’s Drainage Ordinance No. 605 and detain all post
development run-off.
* No review of proposed signs is intended with this site plan. A separate building permit is required prior
to construction of any signs.
* The applicant should be aware that prior to issuance of a building permit a Plat Revision must be
processed and filed in the County Plat Records, a fully corrected site plan, landscape plan, irrigation
plan, and building plans, must be submitted for approval and all required fees must be paid. This may
include but not be limited to the following fees: Park Fee, Perimeter Street Fee, Water & Sewer
Impact and Tap Fees, and related Permit Fees.
Case No. Attachment D
ZA07-108 Page 1
Public Works - Engineering
GENERAL COMMENTS:
* Domestic, irrigation and fire lines must connect directly to the main, not to other service lines. A valve
is required at the main for the fire line. Add a 6” valve past the reducer for the fire line and tap the 8”
stub for the irrigation and domestic. Only 1”, 2” or 4” meters and services – no half size lines allowed.
* Use the City of Southlake GPS monuments whenever possible.
DRAINAGE COMMENTS:
* Verify that the size, shape, and/or location of the detention areas, as depicted on the
site/concept/development plan, will be adequate to meet the detention requirements. Any changes to
the size, shape, and/or location of the proposed detention area(s) may require a revision to the
concept/site/development plan and may need to be approved by the Planning and Zoning Commission
and the City Council.
* The difference between pre and post development runoff shall be captured in the detention areas(s).
The proposed detention areas shall control the discharge of the 5, 10 and 100 year storm events.
Access easements are necessary for maintenance of the detention areas. All detention areas shall be
within drainage easements.
* This property drains into Critical Drainage Structure # 23 and requires a fee to be paid prior to
beginning construction ($309.83/acre).
* The discharge of post development runoff must have no adverse impact on downstream properties and
meet the provisions of Ordinance # 605.
INFORMATIONAL COMMENTS:
* Submit civil construction plans (22” X 34” full size sheets) and a completed Construction Plan
Checklist directly to the Public Works Administration Department for review. The plans shall
conform to the most recent construction plan checklist, standard details and general notes which
are located on the City’s website.
* A ROW permit shall be obtained from the Public Works Operations Department (817) 748-8082
to connect to the City’s sewer, water or storm sewer system.
* A Developer’s Agreement may be required for this development and may need to be approved
by the City Council prior to any construction of public infrastructure. Construction plans for
these improvements must be approved by Public Works prior to placing the Developer’s
Agreement on the City Council agenda for consideration.
* Any hazardous waste being discharged must be pretreated Ordinance No. 836.
* This review is preliminary. Additional requirements may be necessary with the review of
construction plans.
*=Denotes informational comment.
Case No. Attachment D
ZA07-108 Page 2
Landscape Administrator
TREE CONSERVATION COMMENTS:
1. A Tree Preservation Analysis or Tree Conservation Plan shall be approved if it will preserve existing
tree canopy cover in accordance with the percentage requirements established by Table 2.0 in
Ordinance 585-C.
Table 2.0 – Existing Tree Cover Preservation Requirements
Percentage of existing tree cover on the Minimum percentage of the
entire site existing tree cover to be preserved*
0% – 20% 70%
20.1 – 40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
*The minimum percentage of existing tree cover to be preserved shall exclude any area in public
rights-of-way as approved by City Council.
The development is required to preserve sixty percent (60%) of the existing tree canopy cover and
ninety percent (90%) of the existing tree cover is proposed to be preserved.
LANDSCAPING:
1 Please make sure that the proposed landscaping along East Southlake Blvd. does not hinder the site of
monument sign proposed adjacent to East Southlake Blvd.
Southlake 2025 Comprehensive Plan
Consolidated Land Use Plan Recommendations
The land use designation is Office Commercial. Although retail nursery uses are not consistent with this
designation, a site specific recommendation may be made to allow limited low intensity retail uses on this site.
Environmental Resource Protection Recommendations
The southern portion of the site is designated as tree cover/open space to be preserved where appropriate on
the Environmental Resource Protection Map. The site plan shows that this area will remain a preservation/no
disturbance area.
Case No. Attachment D
ZA07-108 Page 3
Mobility & Master Thoroughfare Plan/Southlake Pathways Plan Recommendations
Change the sidewalk along Parkwood Drive from 4 feet to 5 feet. Also, the sidewalk placement near the
existing Parkwood Drive cul-de-sac should be designed to allow for future sidewalk extension along the City of
Southlake property.
Case No. Attachment D
ZA07-108 Page 4
Surrounding Property Owners
Calloway’s Nursery
SPO # Owner Zoning Land Use Acreage
1. Public/Semi-Public
Southlake, City Of CS 0.451
2. Office Commercial
Wise Asset No 9 Ltd SP2 2.066
3. Office Commercial
Wise Asset No 9 Ltd SP2 1.59
4. Office Commercial
Wise Asset No 9 Ltd SP2 2.689
5. Public/Semi-Public Office
Providence Bancshares Corp SP2 Commercial 1.052
6. Low Density Residential
Elliott, Bryan V SF1-A 3.1
7. Public/Semi-Public
Southlake, City Of CS 12.264
8. Medium Density Residential Low
Hall, Benjamin L Etux Kristi H RPUD Density Residential 0.245
9. Medium Density Residential Low
Grosskopf, Scott Etux Laura RPUD Density Residential 0.387
10.Medium Density Residential
Wright, Carolyn E RPUD 0.228
11.Medium Density Residential
Sahba, Shahriar Etux Shiva RPUD 0.239
12.Medium Density Residential
Herrera, Felipe Etux Maria RPUD 0.241
13.Medium Density Residential
McKenzie, Graeme A RPUD 0.241
14.Medium Density Residential
Bronson, Thomas A Etux Karen RPUD 0.234
15.Medium Density Residential
Walters, Maryann Etvir Denny RPUD 0.289
16.Medium Density Residential
Potts, Richard W Etux Gina RPUD 0.299
17.Medium Density Residential
Jones, Julius RPUD 0.291
Case No. Attachment E
ZA07-108 Page 1
18.Medium Density Residential
Dastugue, Michael Etux Cherly RPUD 0.239
19.Medium Density Residential
Moor, Anthony & Karen Moor RPUD 0.286
20.Medium Density Residential
Husain, Mustafa Dr RPUD 0.255
21.Medium Density Residential
Unger, Michael Etux Candice RPUD 0.256
22.Medium Density Residential
Stockton, Ernest II RPUD 0.348
23.Public/Semi-Public
White's Chapel United Meth Ch CS 24.5891495
24.Office Commercial
Rcp Southlake Blvd #1 Ltd SP2 0.802
25.Office Commercial
Rcp Southlake Blvd #1 Ltd SP2 0.567
26.Office Commercial
Drill Fill And Bill Lp SP2 0.541
27.Office Commercial
Edson, Jack Etux Coila Edson SP2 0.937
28.Low Density Residential
Johnston, Don A & Carolyn S SF1-A 0.645
29.Low Density Residential
Newland, Alan SF1-A 0.74
30.Low Density Residential
Philip, Isaac J Etux Reni J SF1-A 1.299
Case No. Attachment E
ZA07-108 Page 2
Surrounding Property Owner Responses
Calloway’s Nursery
Notices Sent: Thirty (30).
Responses Receive: Two (2).
Thomas & Karen Bronson (SPO #14),
506 Northwood Trail, submitted a Notification
Favor
Response Form in on October 16, 2007 (see attached).
White’s Chapel United Methodist Church (SPO #23),
185 S. White Chapel Blvd.,
Favor
submitted a Letter in on October 18, 2007 (see attached).
Case No. Attachment F
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1
Case No. Attachment F
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2
Case No. Attachment F
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3
SPIN MEETING REPORT
CASE NO.
ZA07-108
PROJECT NAME:
Calloway’s Nursery
SPIN DISTRICT:
9w
MEETING DATE:
August 13, 2007 at 6:30PM
MEETING LOCATION:
1400 MAIN STREET, SOUTHLAKE, TEXAS
MEETING ROOMS 3A & 3B
TOTAL ATTENDANCE:
Approximately Fifteen (15)
SPIN REPRESENTATIVE(S) PRESENT:
Jim Jeppe
APPLICANT(S) PRESENTING:
John Cosby, Calloway’s Nursery
STAFF PRESENT:
Planner Clayton Comstock
STAFF CONTACT:
Clayton Comstock, (817)748-8269; ccomstock@ci.southlake.tx.us
APPLICANT PRESENTATION SUMMARY
Property Situation of Proposed Development
Southwest corner of Parkwood Drive and E. Southlake Blvd;
Adjacent to the Northwood Park neighborhood of Timarron (south) and White Chapel United
Methodist Church (west)
Development Details
There are two components to this development:
1.Calloway’s Nursery Retail Site (Site Plan)
northern portion
Planned for the and the majority of the property
4,250 sq ft retail building
3 shade structures, or pergolas, inside a fenced nursery yard
Perimeter fence to be 8-foot wrought iron with masonry columns
Bagged goods will be sold in the southwest corner of the commercial site
Existing pecan tree on the commercial site will be saved
2.Office Building & Tree Preservation Area (Concept Plan)
southern portion
Planned for the of the property
The 12,000 square foot single-story office building is conceptually planned at this point,
Calloway’s Nursery hopes to relocate its headquarters to the site when their current lease
expires in 5 years
Will keep and possibly increase the size of the existing 180+ foot tree preservation area that
borders the Northwood Park neighborhood to the south
Case No. Attachment G
ZA07-108 Page 1
QUESTIONS & DISCUSSION
Raven
Cross
Coventry
Southridge Lakes
Bend
Timber
Hills
How tall would the pergolas be?
QUESTION:
RESPONSE:They would be 15-feet at their tallest point, sloping to about 10-feet for rain runoff. They would be
made of wood and stained a teak color.
How tall is the front retail building?
QUESTION:
RESPONSE: Approximately 22 feet.
What will the floor of the landscape yard be made of? Will you go with stained concrete? Have
QUESTIONS:
you considered decomposed granite?
RESPONSE:Just concrete, as the nature of the business will likely stain the concrete over time anyway.
Decomposed granite is not viable, as it can get messy and doesn’t allow maneuverability of
customers’ shopping carts.
What kind of roofing material is proposed on the pergolas?
QUESTION:
What is the elevation change from the road to the building?
QUESTION:
What is the size of the tree preservation area?
QUESTION:
What are you doing to shield the view of the parking lot from FM 1709 (Southlake Blvd)?
QUESTION:
What will the office building look like?
QUESTION:
For clarification, Parkwood Drive is not proposed to punch through, making a complete
QUESTION:
connection between Southlake Blvd and Byron Nelson Pkwy, correct?
RESPONSE:Correct.
Where does the property drain?
QUESTION:
How tall will the new trees that you plant be?
QUESTION:
RESPONSE:They will be about 10-feet tall when planted. We would also like to show a broad spectrum of trees
and shrubs in our landscaping of the site, seeing as how we are a landscape business.
st
When will you begin building the 1 (retail) phase?
QUESTION:
RESPONSE:As soon as we are approved and permitted by the City.
SPIN Meeting Reports are general observations of SPIN Meetings by City staff and SPIN Representatives. The report is neither
verbatim nor official meeting minutes; rather it serves to inform elected and appointed officials, City staff, and the public of the issues
and questions raised by residents and the general responses made. Responses as summarized in this report should not be taken as
guarantees by the applicant. Interested parties are strongly encouraged to follow the case through the Planning and Zoning Commission
and final action by City Council.
Case No. Attachment G
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CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-535
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A
CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF
SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS LOTS 12,
13, & 14, O.W. KNIGHT, NO. 899 ADDITION, BEING
APPROXIMATELY 6.14 ACRES, AND MORE FULLY AND
COMPLETELY DESCRIBED IN EXHIBIT “A” FROM “S-P-2”
GENERALIZED SITE PLAN DISTRICT TO “S-P-2” GENERALIZED
SITE PLAN DISTRICT WITH “O-1” OFFICE DISTRICT USES TO
INCLUDE ‘RETAIL NURSERY’ AS A PERMITTED USE ON
PROPOSED LOT 12R, AS DEPICTED ON THE APPROVED
CONCEPT PLAN ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT “B”, SUBJECT TO THE SPECIFIC
REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING
THAT THE PUBLIC INTEREST, MORALS AND GENERAL
WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS
HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule City acting under its Charter adopted by the
electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local
Government Code; and,
WHEREAS,
pursuant to Chapter 211 of the Local Government Code, the City has the authority to
adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures
and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the
purpose of promoting the public health, safety, morals and general welfare, all in accordance with a
comprehensive plan; and
WHEREAS,
the hereinafter described property is currently zoned as “S-P-2” Generalized Site Plan
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District under the City's Comprehensive Zoning Ordinance; and
WHEREAS,
a change in the zoning classification of said property was requested by a person or
corporation having a proprietary interest in said property; and
WHEREAS,
the City Council of the City of Southlake, Texas, at a public hearing called by the City
Council did consider the following factors in making a determination as to whether these changes should be
granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately
surrounding the sites; safety from fire hazards and damages; noise producing elements and glare of the
vehicular and stationary lights and effect of such lights on established character of the neighborhood; location,
lighting and types of signs and relation of signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in
the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off-
street parking facilities; location of ingress and egress points for parking and off-street loading spaces, and
protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health
ad the general welfare; effect on light and air; effect on the over-crowding of the land; effect on the
concentration of population, and effect on transportation, water, sewerage, schools, parks and other public
facilities; and,
WHEREAS,
the City Council of the City of Southlake, Texas, further considered among other things
the character of the districts and their peculiar suitability for particular uses and the view to conserve the value
of the buildings, and encourage the most appropriate use of the land throughout this City; and,
WHEREAS,
the City Council of the City of Southlake, Texas, does find that there is a public necessity
for the zoning changes, that the public demands them, that the public interest clearly requires the amendments,
and that the zoning changes do not unreasonably invade the rights of those who bought or improved property
with reference to the classification which existed at the time their original investment was made; and,
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WHEREAS,
the City Council of the City of Southlake, Texas, does find that the changes in zoning
lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health
and the general welfare, provides adequate light and air, prevents the over-crowding of land, avoids undue
concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools,
parks and other public requirements; and,
WHEREAS,
the City Council of the City of Southlake, Texas, has determined that there is a necessity
and need for the changes in zoning and has also found and determined that there has been a change in the
conditions of the property surrounding and in close proximity to the tract or tracts of land requested for a
change since the tract or tracts of land were originally classified and therefore feels that the respective changes
in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of
the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and
welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed
on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the
permitted uses in the hereinafter described areas be altered, changed and amended as shown and described
below:
Being Lots 12, 13, & 14, O.W. Knight, No. 899 Addition, an addition to the City of Southlake,
Tarrant County, Texas, according to the plat recorded in Cabinet B, Slide 2621, Plat Records,
Tarrant County, Texas, and being approximately 6.14 acres, and more fully and completely
described in Exhibit “A” from “S-P-2” Generalized Site Plan District to “S-P-2” Generalized
Site Plan District with “O-1” Office District Uses to include ‘retail nursery’ as a permitted use
on proposed Lot 12R as depicted on the approved Concept Plan attached hereto and
incorporated herein as Exhibit “B”, and subject to the following specific conditions:
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1.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake,
Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described shall be subject to
all the applicable regulations contained in said Zoning Ordinance and all other applicable and pertinent
ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words,
phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby
ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in accordance with the
comprehensive plan for the purpose of promoting the health, safety, morals and the general welfare of the
community. They have been designed, with respect to both present conditions and the conditions reasonably
anticipated to exist in the foreseeable future; to lessen congestion in the streets; to provide adequate light and
air; to prevent over-crowding of land; to avoid undue concentration of population; and to facilitate the
adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial
needs and development of the community. They have been made after a full and complete hearing with
reasonable consideration among other things of the character of the district and its peculiar suitability for the
particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use
of land throughout the community.
SECTION 5.
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That this ordinance shall be cumulative of all other ordinances of the City of Southlake, Texas, affecting
zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions
of those ordinances are in direct conflict with the provisions of this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity
of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid,
the same shall not affect the validity of the zoning of the balance of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or
who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two
Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a
separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the
provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at
the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by
this ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its
caption and penalty together with a notice setting out the time and place for a public hearing thereon at least
fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition
of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall
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additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of
this ordinance, as required by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication as required by
law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the _____ day of ___________, 2007.
_________________________________
MAYOR
ATTEST:
_________________________________
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the _____ day of __________, 2007.
________________________________
MAYOR
ATTEST:
________________________________
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
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_________________________________
CITY ATTORNEY
DATE:___________________________
ADOPTED:_______________________
EFFECTIVE:______________________
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EXHIBIT “A”
Lot 3R3, Block 1, Miron Addition, an addition to the City of Southlake, Tarrant County, Texas, according to
the plat recorded in Cabinet B, Slide 2621, Plat Records, Tarrant County, Texas, being approximately 0.96134
acres.
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EXHIBIT “B”
Narrative
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Land Use Letter
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“S-P-2” Letter
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Site Plan
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Variance Exhibit
Driveway Spacing:
Req’d = 100 ft
Prov. = 92 ft
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Building Renderings
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Architectural Elevations
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Retaining Wall Rendering
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Tree Conservation Plan
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Landscape Plan
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